Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Minimum Age Convention, 1973 (No. 138) - Dominican Republic (Ratification: 1999)

Article 2, paragraph 2, of the Convention. Raising the minimum age for admission to employment or work. With reference to its previous comments, the Committee notes the Government’s indication that the Secretariat of State for Labour (SET) has approved a recommendation by a consultant to raise the minimum age for admission to employment or work and that this recommendation will be submitted to the Advisory Labour Council. The Committee requests the Government to provide information on any new development in this respect.

Article 3, paragraph 3. Authorization to employ children in hazardous work from the age of 16 years. In its previous comments, the Committee noted that, under the terms of section 3 of resolution No. 52/2004 on work which is hazardous and unhealthy for persons under 18 years of age, minors aged from 16 to 18 years may be employed in some of the jobs contained in the list of hazardous and unhealthy types of work prohibited for persons under 18 years of age. It also noted that section 6 of resolution No. 52/2004 establishes conditions for the employment of minors aged between 16 and 18 years which are consistent with Article 3, paragraph 3, of the Convention. However, the Committee noted that section 251 of the Labour Code forbids minors under 16 years of age from performing hazardous or unhealthy work. It observed that section 251 of the Labour Code is vague and establishes neither the conditions under which minors over 16 years of age may perform hazardous work nor the requirements for their protection and previous training. It requested the Government to take the necessary steps to ensure that the performance of hazardous work by young persons aged between 16 and 18 years, as provided for in section 251 of the Labour Code, is only authorized as prescribed by the provisions of Article 3, paragraph 3, of the Convention.

The Committee notes the information provided by the Government according to which a proposal to amend section 251 will be submitted to the social partners for discussion. It reminds the Government that Article 3, paragraph 3, of the Convention authorizes, under strict conditions of protection and prior training, the employment or work of young persons between the ages of 16 and 18 years. The Committee hopes that the above comments will be taken into account in the discussions held concerning the amendment of section 251 of the Labour Code and requests the Government to provide information on any new development in this respect.

Article 5. Limitation of the scope of application of the Convention to certain branches of economic activity. In its previous comments, the Committee noted the efforts made by the Government, in collaboration with ILO/IPEC, in relation to domestic work by children and encouraged it to envisage extending the scope of the Convention to include domestic work by children. In this respect, the Government indicated that, in collaboration with the social partners, the Labour Advisory Council was due to examine the possibility of extending the scope of application of the Convention to other branches of economic activity. Noting the absence of information in the Government’s report on this matter, the Committee once again requests it to indicate whether discussions have been held on this matter and, if so, to provide information on the resulting recommendations and conclusions.

Article 9. Employer’s register. In its previous comments, the Committee noted that neither the Labour Code nor its implementing regulations contain any provisions on employers’ registers. It noted the Government’s indication that the Labour Department of the Secretariat of State for Labour has control over registers of working minors. The Committee notes that the Government has not provided any information on this matter. It therefore once again requests it to provide a copy of the register kept by the Labour Department of the Secretariat of State for Labour.